Arkansas Right of Way Easement and Underground Conductor Agreement

State:
Multi-State
Control #:
US-EAS-29
Format:
Word; 
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Description

This is a sample form for use in transactions involving easements, a Right of Way Easement and Underground Conductor Agreement. Provides for the right to enter land and place underground circuits or cables and pad mourn transformers.

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

Arkansas Right of Way Easement and Underground Conductor Agreement is a legal document that outlines the terms and conditions for access and use of land for the installation, operation, and maintenance of underground electrical conductors and related infrastructure. This agreement typically involves two parties, the landowner granting the easement (sometimes referred to as the granter) and the utility company or operator seeking the access rights (known as the grantee). In the context of Arkansas, right of way easements and underground conductor agreements are essential for ensuring the efficient and safe transmission of electricity. They establish the legal framework within which utility companies are granted permission to install and maintain underground conductors, power lines, transformers, and other necessary infrastructure on private properties. The Arkansas Right of Way Easement and Underground Conductor Agreement generally incorporates several key elements, including the identification of the involved parties, detailed property descriptions, easement restrictions and limitations, permitted use of the land, maintenance responsibilities, compensation terms, duration of the agreement, and the rights of both the granter and grantee. There are different types of easements and conductor agreements in Arkansas that can be tailored to specific needs and circumstances. Some common variations may include: 1. Permanent Easement: This type of agreement grants the utility company a perpetual right to use the designated land for the installation, operation, and maintenance of underground electrical conductors. However, these easements usually still come with certain restrictions and conditions. 2. Temporary Easement: In certain cases, a temporary easement may be required for short-term access to the property. This agreement allows the utility company to enter the land only for a specific period to carry out necessary construction or maintenance activities. 3. Exclusive Easement: An exclusive easement means that the granter is providing sole access rights to a specific utility company, preventing other operators from using the same property for similar purposes. 4. Non-Exclusive Easement: This type of easement allows multiple utility companies or operators to access and use the land for underground conductor installation and maintenance. It is important for both landowners and utility companies to carefully review and negotiate the terms of the Arkansas Right of Way Easement and Underground Conductor Agreement to protect their respective rights and interests. Seeking legal advice before entering into such agreements is highly recommended ensuring compliance with state laws and regulations.

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Under Arkansas Statutes, 27-67-218 and 27-67-304 public utilities may use highway right-of-way for the purpose of installing utility facilities, provided such use will not interfere with the use of the right-of-way for highway purposes. Utility owners must secure a permit and post a bond prior to performing any work.

Consents and/or easements for any utility, access road, etc. will be limited to a maximum of 20 feet in width within the FirstEnergy rights-of-way unless provisions are defined in the easements, deeds, etc.

Typical easements are 12 - 20 feet wide, the main transmission lines for water or sewer may have up to 50-foot easements and in most cases the easements will not be cut to full width.

When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).

(B) Roads hereafter established or opened as public roads shall not be less than fifty feet (50?) wide, providing a minimum of twenty-five feet (25?) of right-of-way on either side of the center line.

Having right-of-way means that utilities can access the area to fix a utility-related problem or to perform maintenance. Easements outline general property rights by others while right-of-way (as its name implies) is a specific property right.

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Arkansas Right of Way Easement and Underground Conductor Agreement